There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 403 DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
403.862 Warrant to take physical custody of child.
Download pdfphysical custody of the child if the child is immediately likely to suffer serious
physical harm or be removed from this state. (2) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this
state, it may issue a warrant to take physical custody of the child. The petition shall
be heard on the next judicial day after the warrant is executed unless that date is
impossible. In that event, the court shall hold the hearing on the first judicial day
possible. The application for the warrant shall include the statements required by
KRS 403.856(2). (3) A warrant to take physical custody of a child shall: (a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (b) Direct law enforcement officers to take physical custody of the child immediately; and (c) Provide for the placement of the child pending final relief. (4) The respondent shall be served with the petition, warrant, and order immediately after the child is taken into physical custody. (5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds, on the basis of the testimony of the petitioner or other witness that a
less intrusive remedy is not effective, it may authorize law enforcement officers to
enter private property to take physical custody of the child. If required by exigent
circumstances of the case, the court may authorize law enforcement officers to
make a forcible entry at any hour. (6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 32, effective July 13, 2004.
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